Last Will and Testament of John Gilliland
Written February, 1849
Executed February, 1857
Champaign County, Illinois

Kate’s notes: John Gilliland was a son of Samuel Gilliland, Sr., himself a descendant of Nathan Gilliland of the Scots-Irish Settlement in Augusta County, Virginia. Following the War of 1812 in which several of Samuel’s sons had served, most of this large family scattered throughout Ohio though son John moved to Illinois. 
    Although Samuel’s line happens to be that of my own, I knew little about John since he migrated from Ohio at an early date and documentation thereafter was difficult to locate. I almost missed this will in the probate records for Champaign County, not that I hadn’t located the will book but because within the book are two indexes. The first index in the will book turned out to be for Administrators Bonds only. I found the one specific to John but it was of minimal genealogical interest and at this time is not on my list of documents to transcribe. I had almost abandoned the idea of finding the actual will when I decided to check the book again for another index, which I found about halfway through the will book. Turns out the latter half of the book contains the wills themselves, which was a great find and very useful.
    A brief outline for the family of John Gilliland is provided in the book, History of Pickaway County, Ohio and Representative Citizens (Biographical Publishing Company, 1906) from which I am providing the pertinent excerpt here:
    “Captain Gilliland was 18 years of age when he came to Pickaway County, preceding his parents. He picked out a desirable home for them and they later settled on it and spent the rest of their lives here. Captain Gilliland owned 550 acres, which he had well stocked. After the death of seven of his 13 children, he sold put his land in Pickaway County and went to Champaign County, Illinois, where he died aged 60 years. His widow and children later went to Missouri and those who continued with the mother finally located in Kansas.
    “Captain Gilliland married Elizabeth Thomas, who was born in Pickaway County, Ohio, of Virginia parentage. Their children were: Enoch, deceased; Nancy; Elizabeth, who died young; Susan, the mother of our subject; Nathaniel, who died young; Andrew Jackson, deceased, late a resident of Kansas, who served during the Civil War as a member of the Seventh regiment, Illinois Vol. Cav.; David, who died young; John, who died aged seven years; Robert, who died young; Hugh, of Missouri; Lacy Ann, of Kansas; and Mary Jane, of Missouri….”
   One important discovery made via the examination of this will and the accompanying estate papers is that we now have a firm date for John’s death – January 16, 1857. This would make him older at his demise than the 60 years reported in The History of Pickaway County, as John was born in Greenbrier County, (West) Virginia about 1789.
   Stpehen Gulick, mentioned in the will, married Nancy Gilliland at Pickaway County, Ohio on November 29th, 1832. Stephen’s patriot ancestor was Ferdinand Gulick, who served from the states of Virginia and New Jersey some six times during the revolution. (DAR Ancestor # A048288) Stephen died in Champaign County in 1846 and Nancy remarried to William Hill.
    All of these records were handwritten. Interpreting any handwritten document can be tricky so any portions in doubt have been indicated by brackets. I have not made any corrections for capitalization, punctuation or spelling.

Source:
Illinois Probate Records, 1819-1970
Champaign County
Wills 1851-1864 Vol 2
Originals may be viewed at https://familysearch.org

Know all men by these presents that I, John Gilliland, of the County of Champaign and State of Illinois being Sensible of the uncertainty of my life, desire while I am in the possession of my usual health, and the full enjoyment of my mental faculties to dispose of my property as expressed in this my last Will and Testament made this Seventeenth day of February, A.D. 1849 ---
    Unto my daughter Nancy, I give and bequeath a certain Judgment obtained by me against the estate of Stephen Gulick her former husband, to the amount of Two Hundred Dollars or there about; and further out of my personal property, I give unto her one dollar –
    And unto my daughter Susan I give out of the avails of my personal property, four hundred dollars provided there shall remain that much after the above bequest of one dollar paid to my daughter Nancy –
     And to my son Jackson, I have made a good and Sufficient Deed to about One Hundred and Twenty acres of land, which deed I request to be delivered to him upon the opening of this Will, if it Shall not appear that I have not delivered it to him before that time –
    And unto my son Hugh, I give and bequeath a certain quantity of land – a good and Sufficient deed for which will be found with my papers if not previously delivered by me in person, upon this condition that he pay to my Grand Son Enoch Gilliland three Hundred dollars –
    And unto my daughter Lacey Ann, I give a certain tract of land a good and Sufficient deed for which I have made and Signed & which I wish to have delivered to her – if I shall not have delivered it to her myself –
    And unto my daughter Mary Jane I have given and do hereby bequeath a certain quantity of land a description of which will be found in a good and Sufficient deed I have made and signed & which deed it is my wish that it be delivered to her – if it shall appear that I have not delivered it to her, upon the opening of this will –
                                                                                        John Gilliland

This is to certify, that the within named John Gilliland is personally known to the undersigned, and that he has, in our presence, this day, Signed and Executed the within Will and Testament – being at the Same time in the full enjoyment of all his faculties of mind and usual health –
    In Testimony Whereof, we have hereunto Subscribed our names, this 17th day of February, 
A. D. 1849 –
                                                                                          John Campbell
                                                                                                     His
                                                                                        William X Johnson
                                                                                                    Mark

I do Solemnly Swear, that this Writing, contains the true last Will and Testament of the within named John Gilliland decd. So far as I Know or believe – And that I will well and truly execute the Same by paying first the debts & then the legacies mentioned therein, as far as his goods & chattles will thereunto extend and the Law charge me, and that I will make a true & perfect inventory of all Such goods and Chattles, rights & credits, as may come to my hands or Knowledge, belonging to the Estate of Said deceased, and render a fair & just account of my executorship when thereunto required by Law, to the best of my Knowledge & ability –
So help me God –
Sworn to and Subscribed   }
this 4th day of February,     }             Marshall Cloyd
A. D. 1857 – before me --  }
                        Elisha [Hastings]
                        County Judge –

    The People of the State of Illinois:
To all to whom these presents Shall come, Greeting:
    Know Ye, that whereas John Gilliland late of the County of Champaign and the State of Illinois Died on or about the Sixteenth day of January, A. D. 1857, as it is said, after having duly made and published his Last Will and Testament – a copy whereof is hereunto annexed, leaving at the time of his death, Property in this State, which may be lost, destroyed or diminished in value, if Speedy care be not taken of the Same; And inasmuch as it appears that Marshall Cloyd has been appointed executor to execute the Same; And to the end that the Said property be preserved for those who Shall appear to have a legal right or interest therein, And that the Said Will may be executed according to the request of the Testator; We do hereby authorize him, the Said Marshall Cloyd as Such executor, to collect and Secure all and Singular the goods and Chattles, Rights and Credits, which were of the Said John Gilliland at the time of his decease, in whosever hands or possession the same may be found in this State; And well and truly to perform and fulfil all Such duties as may be enjoined upon him by the Said Will, So far as there Shall be Property, and the law charge him; and in general, to do and perform all other acts which now are, or hereafter may be required of him by Law.
    By order of the Judge of the County Court of Champaign County, at the February Term, A. D. 1857 –
                    In Witness Whereof, I have hereunto Set
                    My Hand and Affixed the Seal of
                    Said Court, at my Office in Urbana,
                    this 11th day of February A. D. 1857 –
                                T. A. McLaurie, Clerk
                                [P] S. J. [T--] D. C.

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Please do not publish this transcription elsewhere without credit to the transcriber, preferably with express permission of same. If used as a citation, please attribute to the following:
Transcriber: Kate Maynard, 2013
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